Antonyuk v. Chiumento, No. 22-2908 (2d Cir. 2023)
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In a consolidated case before the United States Court of Appeals for the Second Circuit, the plaintiffs sought to challenge certain provisions of New York's Concealed Carry Improvement Act ("CCIA"). The CCIA regulates the public carriage of firearms and includes licensing requirements and prohibitions on carrying firearms in "sensitive" and "restricted" locations. The plaintiffs argued that the provisions violated their First and Second Amendment rights. The district court enjoined the enforcement of various provisions.
The court affirmed the preliminary injunction against the enforcement of certain provisions of the CCIA, but vacated the injunction in other respects. Specifically, the court upheld the district court's injunctions with respect to the social media disclosure requirement, the application of the restricted locations provision to private property open to the general public, and the application of the sensitive locations provision to Pastor Spencer, the Tabernacle Family Church, its members, or their agents and licensees.
However, the court vacated the injunctions in all other respects, concluding that either the district court lacked jurisdiction or that the challenged laws do not violate the Constitution on their face. The court's decision affirmed in part, vacated in part, and remanded the case for further proceedings.
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